[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[House]
[Pages H7071-H7074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TIMELY REVIEW OF INFRASTRUCTURE ACT
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1426) to amend the Department of Energy Organization Act to
address insufficient compensation of employees and other personnel of
the Federal Energy Regulatory Commission, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1426
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timely Review of
Infrastructure Act''.
SEC. 2. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND
OTHER PERSONNEL OF THE FEDERAL ENERGY
REGULATORY COMMISSION.
(a) In General.--Section 401 of the Department of Energy
Organization Act (42 U.S.C. 7171) is amended by adding at the
end the following:
``(k) Addressing Insufficient Compensation of Employees and
Other Personnel of the Commission.--
``(1) In general.--Notwithstanding any other provision of
law, if the Chairman publicly certifies that compensation for
a category of employees or other personnel of the Commission
is insufficient to retain or attract employees and other
personnel to allow the Commission to carry out the functions
of the Commission in a timely, efficient, and effective
manner, the Chairman may fix the compensation for the
category of employees or other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, or any other civil service law.
``(2) Certification requirements.--A certification issued
under paragraph (1) shall--
[[Page H7072]]
``(A) apply with respect to a category of employees or
other personnel responsible for conducting work of a
scientific, technological, engineering, or mathematical
nature;
``(B) specify a maximum amount of reasonable compensation
for the category of employees or other personnel;
``(C) be valid for a 5-year period beginning on the date on
which the certification is issued;
``(D) be no broader than necessary to achieve the objective
of retaining or attracting employees and other personnel to
allow the Commission to carry out the functions of the
Commission in a timely, efficient, and effective manner; and
``(E) include an explanation for why the other approaches
available to the Chairman for retaining and attracting
employees and other personnel are inadequate.
``(3) Renewal.--
``(A) In general.--Not later than 90 days before the date
of expiration of a certification issued under paragraph (1),
the Chairman shall determine whether the certification should
be renewed for a subsequent 5-year period.
``(B) Requirement.--If the Chairman determines that a
certification should be renewed under subparagraph (A), the
Chairman may renew the certification, subject to the
certification requirements under paragraph (2) that were
applicable to the initial certification.
``(4) New hires.--
``(A) In general.--An employee or other personnel that is a
member of a category of employees or other personnel that
would have been covered by a certification issued under
paragraph (1), but was hired during a period in which the
certification has expired and has not been renewed under
paragraph (3) shall not be eligible for compensation at the
level that would have applied to the employee or other
personnel if the certification had been in effect on the date
on which the employee or other personnel was hired.
``(B) Compensation of new hires on renewal.--On renewal of
a certification under paragraph (3), the Chairman may fix the
compensation of the employees or other personnel described in
subparagraph (A) at the level established for the category of
employees or other personnel in the certification.
``(5) Retention of level of fixed compensation.--A category
of employees or other personnel, the compensation of which
was fixed by the Chairman in accordance with paragraph (1),
may, at the discretion of the Chairman, have the level of
fixed compensation for the category of employees or other
personnel retained, regardless of whether a certification
described under that paragraph is in effect with respect to
the compensation of the category of employees or other
personnel.
``(6) Consultation required.--The Chairman shall consult
with the Director of the Office of Personnel Management in
implementing this subsection, including in the determination
of the amount of compensation with respect to each category
of employees or other personnel.
``(7) Experts and consultants.--
``(A) In general.--Subject to subparagraph (B), the
Chairman may--
``(i) obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code;
``(ii) compensate those experts and consultants for each
day (including travel time) at rates not in excess of the
rate of pay for level IV of the Executive Schedule under
section 5315 of that title; and
``(iii) pay to the experts and consultants serving away
from the homes or regular places of business of the experts
and consultants travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of
that title for persons in Government service employed
intermittently.
``(B) Limitations.--The Chairman shall--
``(i) to the maximum extent practicable, limit the use of
experts and consultants pursuant to subparagraph (A); and
``(ii) ensure that the employment contract of each expert
and consultant employed pursuant to subparagraph (A) is
subject to renewal not less frequently than annually.''.
(b) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for 10
years, the Chairman of the Federal Energy Regulatory
Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on
information relating to hiring, vacancies, and compensation
at the Federal Energy Regulatory Commission.
(2) Inclusions.--Each report under paragraph (1) shall
include--
(A) an analysis of any trends with respect to hiring,
vacancies, and compensation at the Federal Energy Regulatory
Commission; and
(B) a description of the efforts to retain and attract
employees or other personnel responsible for conducting work
of a scientific, technological, engineering, or mathematical
nature at the Federal Energy Regulatory Commission.
(c) Applicability.--The amendment made by subsection (a)
shall apply beginning on the date that is 30 days after the
date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on H.R. 1426.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1426, the Timely Review of
Infrastructure Act. This bipartisan bill was introduced by
Representatives Olson and Doyle. I would like to thank both of them for
their hard work on this bill.
H.R. 1426 ensures that the Federal Energy Regulatory Commission, or
FERC, has the resources and personnel it needs to review and analyze
energy infrastructure projects.
H.R. 1426 addresses insufficient compensation of employees and other
personnel by amending the Department of Energy Organization Act to
grant the FERC Chairman additional authority to adjust compensation for
a category of employees and other personnel without regard to certain
civil service laws.
The Commission must be able to hire and retain sufficiently
experienced employees so that complex and highly technical
environmental reviews are conducted in as rigorous a manner as
possible. Better staffing by the best and brightest people means better
environmental outcomes, better energy outcomes, and better outcomes for
consumers.
I appreciate my colleagues' hard work on this legislation.
I particularly want to offer my best wishes to the sponsor of this
bill, Representative Olson, who is retiring at the end of this
Congress. I have always worked with him on a bipartisan basis and enjoy
spending time with him because he has a real sense of humor.
While we often disagree on policy, he has always been fair-minded and
a man of his convictions. When he is with us, it is hard to imagine a
better partner.
That is particularly true regarding the work we have been doing with
Chairman Tonko and many others from both parties on legislation to
phase out the use of hydrofluorocarbons. He and his staff have been
true leaders in pushing forward that legislation, which, if we can get
it done, will be a major win for our manufacturers, our economy, and
our environment.
I thank the gentleman for his service to our committee and to our
country. I wish you all the best in the next chapter of your life,
Pete, absolutely.
I thank my colleagues for their efforts and urge passage of the bill.
I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1426, the Timely Review of
Infrastructure Act. This legislation was introduced by my colleagues on
the Energy and Commerce Committee, Representative Pete Olson and
Representative Mike Doyle, to help the Federal Energy Regulatory
Commission recruit and retain highly specialized personnel in the STEM
fields.
This legislation went through regular order, and it passed by vote
voice in the committee. The Federal Energy Regulatory Commission,
otherwise known as FERC, is an independent agency. Mr. Speaker, it
regulates the interstate transmission of electricity, natural gas, and
oil.
FERC's responsibilities also include reviewing and approving the
siting of large-scale infrastructure projects such as LNG export
terminals, electric transmission lines, interstate pipelines, and all
the associated environmental and safety requirements.
While FERC receives annual appropriations from Congress, FERC
recovers 100 percent of its appropriations through the collection of
annual charges and filing fees. This unique structure, where the
industry essentially covers FERC's costs, has resulted in a lean and
efficient agency, and it helps keep costs down for consumers.
In testimony before the Energy and Commerce Committee, FERC explained
that it faces a growing challenge to recruit and retain a highly
skilled workforce to keep up with the demands of
[[Page H7073]]
our rapidly growing energy infrastructure.
FERC has especially had difficulty hiring engineers throughout the
agency, with many candidates citing compensation rates as, frankly, the
main issue.
H.R. 1426 would improve FERC's workforce by granting the Chairman
authority to adjust compensation for a certain category of STEM
workers. This fix would help FERC carry out its mission in a timely,
efficient, and effective manner without any additional cost to our
taxpayers.
I want to thank Mr. Olson and Mr. Doyle for working together in a
bipartisan way, and I urge my colleagues to join me in supporting the
legislation. I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I have no additional speakers on this side,
so I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, before I yield to the author of the bill,
the gentleman from Texas, I can tell you, Texas has few stronger
advocates, if any, than Mr. Olson. And Texas 22, his congressional
district, has had an incredibly effective voice in the United States
Congress.
He, like I, will be leaving at the end of this session, but he has
left his mark on all kinds of positive policy improvements in the
Federal Government.
Now, I don't know about you, Mr. Speaker, but there probably aren't
many of us who could cite our friend's district by number, but somehow
Mr. Olson, when you look at him, you know it is Texas 22, and you know
about the Houston Astros. Now why, I don't know. But that is a subject
for another day.
What I do know is, he has been an able and effective legislator on
the Energy and Commerce Committee in this House. He has served his
country in many capacities, including in the military. He will be
missed in this assembly, but his work will go on. His work today is
noticed, once again, in a bipartisan way.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas (Mr. Olson), although I do have another speaker.
Mr. OLSON. Mr. Speaker, I thank the chairman--my ranking member, my
inspiration, Chairman Greg Walden--for his kind words and the time to
speak about H.R. 1426, the Timely Review of Infrastructure Act.
'Tis the season of giving. This bipartisan bill gives three gifts to
America and to the world.
The first gift: We ensure that the American taxpayer gets the maximum
value spent for the taxpayer dollars.
The second gift: This grows America's economy with high-paying, high-
technology jobs.
And number three: This addresses climate change by encouraging energy
transportation through the safest, cleanest medium possible, pipelines
above ships, trains, and trucks.
H.R. 1426 is a commonsense bill. This is not new. It is modeled after
Wall Street. When the market was booming in the 2000s, the private
sector poached staff employees from the SEC. They threw dollar after
dollar after dollar at these experts and got them to leave the public
sector for the private sector. That meant that oversight was not the
highest quality it had been before, and those reviews were longer and
longer and longer.
The same thing is happening right now in the current explosion of
American energy. The agency is called FERC, as Mr. Walden mentioned,
the Federal Energy Regulatory Commission. The private-sector big guys,
the Big Oil guys, have told me point-blank that they poach on FERC to
get the best employees they possibly can get. They wave money at them
that FERC does not have to compete.
When the SEC had their problems in the 2000s, we allowed them to
temporarily raise the Federal employment cap to keep these SEC experts
on the job in the SEC.
H.R. 1426 does that same thing, a proven remedy for FERC: 1 year,
higher salaries, and then a review.
Every Member in this House, Democrat or Republican, should vote for
this bill because it is not just bipartisan. It is bipartisan on
steroids.
The lead Democrat, my good friend, Mike Doyle, is from Pittsburgh,
Pennsylvania. In the NFL, that is Steelers country. I am from the
suburbs of Houston. That was Houston Oilers country. Oilers fans have
had a clash, a strong clash, with Steelers fans for over 40 years. And
Pittsburgh fans have never apologized for a horrific, blown call that
may have cost my Oilers a chance to go to their first Super Bowl. That
still hurts today.
My point is, if Mike and I can put that difference aside and pass
this bill, everyone in this entire body should come together and pass
this bill. We all should vote for H.R. 1426.
I have to close by speaking about our leader, my idol, Greg Walden.
Like me, Greg is retiring after this year. Like me, Greg is not dying.
He is just retiring.
Let me give you a few examples of Greg's guidance of this committee
when he was the chairman. He empowered every Member--Democrat,
Republican, from any State--to have an amendment, to have their voices
heard on the committee.
The best example is, I recall a bill that sunset, sunrise, sunset--
our bill to repeal and replace the Affordable Care Act. That markup
went on for 27 hours because Greg Walden made sure every Member could
have their amendment with a vote in that committee before it came to
the House floor.
Let me give you another great example of Greg Walden building a
team that always wins, that is always united. I am from Texas, a
Republican. When I first got here, we had 25 Members. At most times, we
were together, but sometimes we split.
Greg Walden has led the entire Oregon delegation GOP the whole time
I have been here, and they have never, ever, ever had one defection
with Greg Walden's leadership.
I will close with another Houston Oilers' quote from a great coach,
Bum Phillips.
If Bum came down from Heaven right now and was talking about Greg
Walden's record and career here in the House throughout our history, he
would say: Greg Walden may not be in a class by himself, but whatever
class you are in, my friend, it doesn't take long to call the roll.
{time} 1345
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume to
thank my dear friend and colleague, Mr. Olson, who we all know, it
turns out, is from Texas 22; and his wife, Nancy. I wish them the very
best in their lives ahead.
Mr. Speaker, since he is talking about a little history, I want to
talk about a little history, too, before I turn to my friend from
Georgia to speak on this bill, and that is that something really,
really, really important happened not too far from my home State of
Oregon.
In Fort Lewis, Washington, on this date 58 years ago, this gentleman
from Texas 22 arrived on this planet. Today is his birthday, and I hope
the House will join me in acknowledging Mr. Olson's birthday. He was
born in the great State of Washington, as it turns out, but he is Texas
through and through. So happy birthday to Mr. Olson.
Mr. Speaker, I would turn now to the only pharmacist in the United
States Congress, which has really been important in our legislative
efforts on the Energy and Commerce Committee. He knows so much about
how to take care of people when they are at the counter, how to make
sure they get what they need, and what they face when they come there
in terms of costs of medicines and everything else.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Georgia (Mr. Carter), who is a terrific member of the committee.
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today in support of H.R. 1426, the Timely Review
of Infrastructure Act. Simply put, this is a commonsense bill to
address how employees are commended for their work at the Federal
Energy Regulatory Commission, or FERC.
It is well known that there is a backlog of work at FERC due to a
shortage of qualified personnel to handle the requirements. When energy
developers need to submit applications for approval at FERC, they are
often delayed due to a lack of available personnel to review the
project.
The United States has finally reached a level of energy independence
that we could never have dreamed of during the OPEC oil embargo.
However, that development is often subject
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to the timeliness and availability of approvals at FERC. This bill will
ensure that the retention and recruiting of people at FERC will remain
highly competitive, bringing in the people they need to do the job.
One area of serious concern was the number of pending LNG
applications waiting at FERC. Thankfully, we have a bipartisan bill
that can turn things around.
I thank my good friend from Texas 22, Pete Olson, who is,
unfortunately, leaving this body after years of distinguished service.
But this is a good way to reflect on all of his great work. We will
miss my friend from Texas, and I do wish him well.
Also, I thank my colleagues on the Energy and Commerce Committee for
their work on this important legislation.
Mr. Speaker, I urge all of my colleagues to support this legislation.
Mr. PALLONE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. WALDEN. Mr. Speaker, I don't believe I have any other speakers on
my side of the aisle on this measure. I urge its passage, and I yield
back the balance of my time.
Mr. PALLONE. Mr. Speaker, I urge support for the legislation, and I
yield back the balance of my time.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I am pleased that
today the House will consider the Timely Review of Infrastructure Act
introduced by Representative Pete Olson of Texas and myself. I would
like to thank Mr. Olson for his leadership and partnership on this bill
and commend him and his staff on their tireless efforts to get it
across the finish line.
The United States has always been a global leader when it comes to
energy development and that is just a true today as it has ever been.
However, in order to maintain and grow our energy sector, we need to
ensure that we are building the necessary energy infrastructure to do
so. Investing in our domestic infrastructure is more important than
ever as we look to get through the current health crisis and rebuild
our economy.
Indeed, just as we passed the Water Resources Development Act
yesterday, today we have an opportunity to pass a bill that, while
smaller in scale, will help hasten the buildout of critical energy
infrastructure such as hydroelectric dams, pipelines, transmission
equipment, and energy terminals. This will not only help the economy
recover but will ensure that we have a secure and strong domestic
energy system.
Unfortunately, too many energy infrastructure projects are delayed or
do not have as vigorous a review as you would expect. And that is due
to the fact that the Federal Energy Regulatory Commission, which is
responsible for reviewing proposed projects cannot hire or retain
enough qualified engineers for the simple reason that salaries in the
private sector are too high for FERC to compete with given its current
pay scale limits. This lack of engineers not only doesn't allow FERC to
fully and robustly do its work, but it is a barrier to communities
benefiting from the good paying jobs the construction of these projects
provides.
If we want FERC to ensure that the projects that come up for review,
now and in the future, are stringently but quickly reviewed, then we
must make the pay for the engineers who review the applications more
competitive. That is exactly what the Timely Review of Infrastructure
Act would do, by allowing FERC to offer higher salaries for these high
demand engineering positions, ensuring that critical infrastructure
projects can get the review and approval they need to move forward.
The bill has bipartisan and bicameral support and FERC Chairman
Chatterjee has stated his support for this legislation saying that it
would enhance the Commission's ability to recruit and compensate the
skilled staff needed to lessen the backlog of projects awaiting review
and to review future projects in a more timely manner.
Our bill would not only help get rid of the backlog of projects
currently awaiting review, but would allow FERC to have the proper
staff in place as we build out a sustainable energy system. I view it
as an important piece of getting our economy back on track and ensuring
that America remains the leader in energy production and innovation
that it has been.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 1426.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________